|Brian Austen Greene and Megan Fox|
The lawsuit Mr. Shaw is set to file at Los Angeles County Superior Court today, says that after seeing him taking pictures Megan yelled, "Are you going to let him get away with that?"
He claims Brian then began pummeling him, causing severe injuries before throwing his iPhone into the sea.
Mr. Shaw is suing for unspecified damages.
Megan and Brian tied the knot at the Four Seasons Resort in Hawaii and often holiday there with his nine-year-old son Kassius, from his relationship with actress Vanessa Marcil even though Megan previously revealed Brian is terrified of being attacked by sharks in the water.
She said: "My husband is terrified of sharks but we're going to go diving with dolphins anyway. Sharks don't usually go where there are tons of dolphins so we can do it. I didn't used to be [scared of sharks], but I am now because of him. His fear is so intense, it's smothered me and now I'm afraid."